Qarinah: Its Functions in Establishing a Claim and Convicting a Crime
Qarinah is a tool of proof that applicable in Law of Evidence in order to establish a claim and convict a crime. This study is done on the functions of qarinah in establishing a claim and convicting a crime. It is because garinah was attested by the 'ulama as a great proving method whenever...
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| Main Author: | |
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| Format: | Academic Projec |
| Language: | English |
| Published: |
2009
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| Subjects: | |
| Online Access: | http://dspace.unimap.edu.my/xmlui/handle/123456789/2192 http://hdl.handle.net/123456789/2192 |
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| Summary: | Qarinah is a tool of proof that applicable in Law of Evidence in order to establish a
claim and convict a crime. This study is done on the functions of qarinah in
establishing a claim and convicting a crime. It is because garinah was attested by the
'ulama as a great proving method whenever it fulfills and appropriate with the
conditions that rules by the syarak. The study sought to understand the application of
qarinah in the Law of Evidence besides viewing how far it's applicable in Syariah
Court of Kota Bharu, Kelantan. The writer wants to bring the society particularly in
Malaysia to understand well about the meaning of qarinah and its position as a tool of
proof. Library research and field research through observation on the case fifes in the
Syariah Court af Kota Bharu, Kelantan were the methods employed for data gathering
purposes. The findings indicate that qarinah is accepted as a too1 of proof in Islamic
Law of Evidence particularly. Finally, this study found out that any Syariah Court in
this country have no jurisdiction to try and hear the hudud and qisas cases as
commanded and ruled by the Islamic Law. |
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